Trade mark decision

BL Number

O/162/04

Decision date

4 June 2004

Hearing officer

Dr W J Trott

Mark

LIVING TV

Classes

09, 16, 38, 41, 42

Applicant

Flextech Television Limited

Opponent

IPC Media Limited

Opposition

Request by applicant for a stay in proceedings to await outcome of revocation proceedings involving the opponent's mark LIVING.

Result

Request for a stay of proceedings - Request refused

Points Of Interest

• None.

Summary

Registration of the marks in suit were opposed by IPC in part on the basis of its ownership of the registered mark LIVING which is registered in Class 16 in respect of "printed periodical publications". On the day prior to the hearing of the opposition proceedings, the applicant filed an application for the revocation of IPC’s registration. At the hearing the applicant asked for a stay in the issue of the decision in the opposition proceedings until the outcome of the revocation proceedings was decided.

The Hearing Officer allowed the applicant a period of time to submit reasons for its request, which was opposed by IPC and this led to a further hearing to decide the matter.

The Hearing Officer considered the request for a stay in the opposition proceedings carefully but decided that a stay should not be granted. He noted that these parties have been in dispute for some time and that the applicant had had ample opportunity to launch revocation proceedings at a much earlier date, even before the date of the present opposition proceedings. They had not done so until the very last minute and additionally had given insufficient reason for the delay. Request refused.

---

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o16204.html